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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 6. WILLS AND INTESTATE SUCCESSION |
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Part 3. FAMILY PROTECTION |
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Chapter 4. Family Allowance |
Section 6541.
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(a) The court may grant or modify a family allowance on petition of any interested person.
(b) With respect to an order for the family allowance provided for in subdivision (a) of Section 6540:
(1) Before the inventory is filed, the order may be made or modified either (A) ex parte or (B) after notice of the hearing on the petition has been given as provided in Section 1220.
(2) After the inventory is filed, the order may be made or modified only after notice of the hearing on the petition has been given as provided in Section 1220.
(c) An order for the family allowance provided in subdivision (b) of Section 6540 may be made only after notice of the hearing on the petition has been given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.